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Patna High Court

Gopal SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the writ petition, directing the petitioner to seek relief from the Mineral Development Officer and noting that appropriate notice and fine may be required for release of the vehicle.

Summary

The petitioner Gopal Singh challenged the seizure of his tractor and trailer by police and the Mines & Geology Department, alleging that no notice or due process was followed. He sought a writ of certiorari to quash the seizure, a writ of mandamus for immediate release, and an independent enquiry into the officials' conduct. The court allowed the petitioner to implead the Mineral Development Officer as an additional respondent and directed the petitioner to approach that officer for redress. It observed that if a proper notice has not yet been issued, the officer should issue one, and the petitioner may deposit any prescribed fine for release of the vehicle. The writ petition was thereafter disposed with these observations, without granting the reliefs sought.

Issues considered

  • Whether the seizure of the petitioner's tractor and trailer without notice violates due process and is liable to be quashed.
  • Whether a writ of mandamus can be issued directing the immediate release of the seized vehicle.
  • Whether an independent enquiry into the actions of the police and Mines & Geology officials is warranted.
  • Whether the Mineral Development Officer can be impleaded as a respondent for redress.

Subjects

  • illegal seizure
  • due process
  • writ of certiorari
  • writ of mandamus
  • independent enquiry
  • police authority
  • mines department
  • implementation of notice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3359 of 2026
                 ======================================================
                 Gopal Singh Son of Late Arvind Singh, Resident of Village- Kulna, Police
                 Station- Akbarpur, District- Nawada.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Director, Mines and Geology Department, Government of Bihar, Patna.
           3.    The District Magistrate, Nawada, Bihar.
           4.    The Superintendent of Police, Nawada, Bihar.
           5.    The Mines Inspector, Mines and Geology Department, Nawada, Bihar.
           6.    The SHO, Thali Police Station, Nawada, Bihar.
           7.    The Mineral Development Officer, Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar, Advocate
                 For the State            :        Mr. Government Pleader (12)
                                          :        Mr. Pranoy Kumar, AC to GP-12
                 For the Mines Dept.      :        Mr. Naresh Dikshit, Spl. PP Mines
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   30-04-2026                    Learned counsel for the petitioner prays for and is

                   allowed to implead the Mineral Development Officer, Nawada

                   as respondent no.7 in course of the day.

                                 2. Heard Mr. Deepak Kumar, learned counsel for the

                   petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines

                   Department beside learned State counsel.

                                 3. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuing a writ of Certiorari or any

                                        other appropriate writ quashing the illegal
Patna High Court CWJC No.3359 of 2026(2) dt.30-04-2026
                                            2/3




                             seizure of the tractor of the petitioner bearing

                             Registration         No.-BR27G-7866         and     trailer

                             having Reg. No.- BR27G-4546 which has been

                             illegally seized on 27.01.2026 by the respondent

                             and no documents regarding aforesaid seizure

                             has been provided.

                                         (ii)     for    issuance   of   a     writ   of

                             Mandamus directing the immediate release of

                             the seized vehicle which was seized without

                             following due process of law.

                                         (iii) for directing an independent

                             enquiry of the illegal and coercive actions of

                             police officials of Thali police station, Nawada

                             as well as officials of Mines & Geology

                             Department, Nawada.

                                         (iv) for grant of any relief/s as

                             petitioner may be found entitled in the facts and

                             circumstances of the present case.”


                      4. It is the case of the petitioner that despite the

          seizure of the aforesaid Truck, even the notice has not been

          issued so that he could submit show cause and take steps for the

          release of the vehicle.
            Patna High Court CWJC No.3359 of 2026(2) dt.30-04-2026
                                                        3/3




                                  5. Learned Spl. PP Mines submits that he should

                      appear before the concerned respondent no.7, the Mineral

                      Development Officer, Nawada for the redressal of the grievance.

                                  6. Learned counsel for the petitioner submits that he

                      undertakes to appear before the concerned respondent in next

                      four weeks.

                                  7. If    the     petitioner        approachs   the   concerned

                      respondent, proper notice shall be handed over to him (if still

                      has not been issued) so that he could reply to it and if needed,

                      can also deposit the fine amount for the release of the vehicle.

                                  8. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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